Terms and Conditions
THE CREATURE CREW LLC
Terms and Conditions/User Agreement
Last modified October 18, 2019
Thank you for visiting The Creature Crew! These Terms and Conditions are a contract between you and The Creature Crew, LLC (“TCC,” “we,” “us”) and applies to all users of the website. Please familiarize yourself with these Terms and Conditions that govern any and all use of our website. In these Terms, unless otherwise stated, “TCC,” “Company,” “we,” or “our” refers to The Creature Crew LLC and its successors and assigns.
The website is owned and operated by The Creature Crew LLC and provides access to its functions and features (“Services”) through the URL https://www.thecreaturecrew.com/ (the “Site”). The Site and Services are made available to you only under the following terms and conditions (the “Terms”). PLEASE READ THE TERMS CAREFULLY. THROUGH USE OF THE SITE OR SERVICES MEANS YOU ACKNOWLEDGE AND REPRESENT THAT 1) YOU HAVE READ THESE TERMS, 2) UNDERSTAND THEM, AND 3) AGREE TO BE BOUND BY THEM. YOU MAY NOT USE THE SITE OR SERVICES UNLESS YOU ARE AT LEAST 18 YEARS OLD.
We may amend these Terms at any time and for any reason. Please stay up-to-date with these Terms. When we make changes to these Terms, we will notify you of the changes by posting the revised version on our website. Any changes will become effective upon the earlier of thirty (30) calendar days following our e-mail notice to you (if applicable) or thirty (30) calendar days following our posting notice of the changes on our Site. Changes will be effective immediately for new users of our Site or Services. If you object to any such changes, your only recourse is to cease using the Site and the Services. By continuing to use the website after we have posted modifications or amendments to the Terms, you consent to such amendments and/or modifications.
ACCESS TO TCC ONLINE SERVICES
Some features of the Site or Services may require registration and certain information about yourself for an account with TCC (“Account”). You promise that any information about yourself that you provide to us will be true, accurate, complete, and current. Confidentiality of your Account login information and for all activities of your Account are your sole responsibility. You agree to immediately notify us of any suspected unauthorized use or security breach of your Account. TCC cannot and will not be liable for any damage or loss from your failure to comply with these requirements.
Subject to these Terms, we grant you a limited, non-exclusive, nontransferable personal license to access and use the Site and Services.
Username and Password
You agree to immediately notify TCC of any unauthorized use of your username and password or any other security breach and ensure that you log out of the Site at the end of each session. TCC will not be liable for damage or loss from your failure to comply with these Terms. You may be issued a new password or be required to change your password from time to time. Your username and password combination are not transferable to other users.
TCC reserves the right to restrict, suspend, or terminate access to the Site for any username and password combination (each, an "Account") because of inactivity or fraudulent activity under that Account, or any other reason we deem appropriate. We are available for your questions regarding use of the site at email@example.com.
General Restrictions on Use
The Site and Services are only for users’ personal, noncommercial purposes. You may not rent, transfer, assign, commercially exploit, resell, or sublicense access to the Services to any third party. You agree not to combine or integrate the Site or Services with hardware, software, or other technology or materials not provided by us. You may not alter or create any derivative product based on the Site or Services. Except as expressly stated in these Terms, no part of the Site or Services may be copied, reproduced, republished, distributed, displayed, downloaded, posted, or transmitted in any form or by any means. Any future amendments to the Site or Services shall be subject to these Terms. You agree not to use the Site or Services to violate local, state, national or international law; stalk, harass, or harm anyone; collect or store personal data about other users; impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or interfere with the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services.
You may be able to access third-party websites, content, products, or services through links on the Site (i.e. “Third-Party Offerings” we may permit to advertise on the Site). Use of such Third-Party Offerings will be subject to terms and conditions required by the applicable third-party provider(s). We are not responsible for any such Third-Party Offerings; therefore, these Terms do not grant you any rights to access, use, or purchase any Third-Party Offerings.
We and/or our vendors and suppliers, as applicable, retain all right, title, and interest in and to the Site and the Services, and all related intellectual property rights. TCC and its suppliers reserve all rights not granted in these Terms. Unless you first obtain the copyright owner’s prior written consent, you may not copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any copyrighted work made available or accessible via the Site or the Services. If you provide TCC any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to TCC all rights in the Feedback and agree that TCC shall have the right to use such Feedback and related information in any manner it deems appropriate. TCC will treat any Feedback you provide to us as nonconfidential and nonproprietary. You agree that you will not submit to TCC any information or ideas that you consider to be confidential or proprietary.
TERMS AND CONDITIONS OF SALE
Warning: Choking Hazard—small and/or inedible parts. Not for children under 3 years. You acknowledge that the products are not designed, manufactured, or intended for use by children under the age of three (3) and may contain small and/or inedible parts. In addition to all other limitations and disclaimers in this agreement, TCC shall not be liable to you or any third party, in whole or in part, for any claims, liability, damages, loss, or costs arising from such use.
Products and Pricing
Products on the Site (“Products”), their descriptions, and their prices are each subject to change. TCC reserves the right to modify, suspend, or discontinue the sale at any time of any Product with or without notice. If a Product is listed with an incorrect price or incorrect information due to typographical error or errors from our suppliers, we have the right, prior to the acceptance of your order (as described below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card charged. If your credit card has already been charged for the order and we cancel your order, we shall immediately issue a credit to your credit card account in the amount of the charge.
When you make an order, your order is not accepted until we send you shipping information for the order (or the accepted portion). We may require additional information or verification before accepting any order. An order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. If we cancel all or a part of your order, we will either 1) issue a credit to your credit card account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or 2) will not charge your credit card for the cancelled portion of the order.
When you purchase a TCC subscription or a product through the secure website, we will bill the credit card or other payment method that you have provided (your “Payment Method”). Your Payment Method will be billed in advance of the date of your monthly package or product shipment date in order for TCC to process the shipment.
TCC offers auto-renewing monthly subscriptions (“Monthly Subscriptions”), auto-renewing 6- or 12-month subscriptions (“Auto-renewing Subscriptions”), and other product sales (“Product Sales”).
Monthly subscriptions will be automatically set up as auto-renewal, unless you opt out of that feature by checking the opt-out box when subscribing or by logging in at any time to opt out. You must opt out on or before the 15th of the month if you do not wish to receive the following month’s shipment. TCC will bill your Payment Method each month for the following month. You may elect to cancel your Monthly Subscription by logging into your account and cancelling the subscription or by emailing TCC Customer Care Team at info at the creature crew.com (or firstname.lastname@example.org) Cancellation must occur on or before the 15th of the month if you do not wish to receive the following month’s shipment.
6- and 12-month Subscriptions
Auto-renewing subscriptions are available in monthly, 6- month, and 12-month options, as well as 6- and 12-month (non auto-renewing) gift subscription options. At the end of the initial term these will automatically renew for periods equal to the initial term of the subscription and at the subscription rate in effect at the time of renewal. An Auto-renewing Subscription may not be canceled before the end of the subscription’s term. However, you may cancel the subscription’s auto-renewal feature by logging into your account and opting out of auto renew or by emailing TCC’s Customer Care Team at email@example.com. To be effective with respect to a renewal, your cancellation of the auto-renewal feature must occur on or before the 15th of the month prior to the first month of the scheduled renewal term. You are responsible for all renewal charges incurred unless you cancel the auto-renewal feature by the 15th of the month prior to the first month of the scheduled renewal term.
To continue your Monthly Subscription, renew your Auto-renewing Subscription, or to complete a Product Sale, you authorize TCC to charge your Payment Method. If billing your Payment Method requires multiple attempts, TCC reserves the right to retry billing. TCC may update your Payment Method with information from the applicable payment service provider(s), and you authorize TCC and its payment service provider(s) to continue to charge amounts due to the updated Payment Method. TCC may extend your Payment Method’s expiration date in order to charge your Payment Method even though it has expired. This will continue until you notify TCC that your Payment Method account is no longer valid.
We reserve the right to change the timing of our billing, particularly if your Payment Method has not successfully settled, your original purchase date is within 15 days of your auto-renewal date, or due to changes to your account or Subscriptions, or if shipping your product faces unforeseen delays. If your Subscription includes a discounted Product Price for a promotional period, your Subscription will renew at the full Product Price once the promotional period ends. Your purchase of a subscription warrants that you authorize, agree, and assent to TCC automatically billing your Payment Method for amounts due, until you terminate your subscription according to the procedures of these Terms. You will be solely responsible for payment of all taxes (other than taxes based on TCC’s income), fees, duties, and other governmental charges, and any related penalties and interest, arising from the Product purchase (“Taxes”) not withheld by TCC, including, without limitation, all Product purchased pursuant to any Updated Subscription. Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You agree to pay for all collection costs, attorneys’ fees, and court costs incurred in the collection of past due amounts.
Products will be shipped in accordance with the shipping method you selected when placing the order. Delivery dates provided by TCC are estimates. TCC reserves the right to make deliveries in installments. We will send you an email when your order has shipped, and you may review your order and shipping information on your Account.
Monthly Subscriptions will continue until you elect to cancel your subscription (or opt out of automatic auto-renewall). TCC will bill your Payment Method each month for the following month. You may elect to cancel your Monthly Subscription by logging into your account and cancelling the subscription or by emailing TCC’s Customer Care Team at firstname.lastname@example.org. Cancellation must occur by the 15th of the month if you do not wish to receive the following month’s shipment.
Auto-renewing subscriptions (pay every one, 6, or 12 months) can be turned “off” at any time, meaning we will cancel the next automatic renewal of the subscription (instead, the subscription will expire). Six-month and 12-month subscriptions cannot be canceled mid-term; however, you can log in to opt out of auto-renewal, which would take effect as the term runs out.
To turn “off” your subscription’s auto-renewal or to cancel, please log into your Account page and follow the cancellation instructions there or email us at email@example.com.
Gift subscriptions (6-, 12-month terms) are not eligible for cancellation—these subscriptions will expire after the original term is complete. We will send an email reminder to both the giver and receiver before the subscription runs out in case you’d like to renew the subscription.
Contests and Promotions
Occasionally we may offer contests, special offers, discounts, coupons, sweepstakes, or promotions. Please read the official rules that accompany each of these. Special offers, coupons, or discounts cannot be used in conjunction with other offers. Limit one promotion per order.
TCC does not accept returns of its monthly packages or products if you change your mind. However, if a package or product you received was damaged or incomplete, please email TCC Customer Care Team at firstname.lastname@example.org for resolution. Resolution may include shipment of a replacement package or product, an extension of your subscription, or similar corrective actions. To the extent permitted by law and provided TCC confirms that your Product was damaged, TCC may in its sole discretion choose which resolution method to use.
TCC will accept returns only for store credit and only in accordance with the Return Procedures below, unless a Product is a subscription or a Final Sale. If a Product is a Final Sale or subscription, no returns will be accepted. If your Product was not a Final Sale and was returned in accordance with the Return Procedures below, your sole remedy is that we will issue you a store credit in the amount charged for the applicable Product, minus the nonrefundable Delivery Fee. Store credit may only be used for future purchase of Products on the Site (excluding gift cards) and are not transferable.
Please read carefully the following required “Return Procedures”: All returns must be made within 14 days after the Product shipment date. Subscription boxes are not returnable. All returned Products must be unused and returned in accordance with the instructions received from customer service (email@example.com). No credit or refund will be issued, and the Product(s) will be sent back to you, if the Product(s) are not returned in accordance with the Return Procedures explained within these Terms. You are solely responsible for the cost of shipping the returned Product.
TCC does not accept any Product exchanges.
DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS OF LIABILITY
The Site, Services, all information, content, materials and services related to the foregoing, and the products are provided “as is” and “as available” and to the fullest extent permissible under applicable law, we and our affiliates disclaim all warranties, express or implied, including but not limited to any warranties of merchantability, fitness for a particular purpose, title, non-infringement, non-interference, system integration, and accuracy of data. Applicable law may not allow the exclusion of certain implied warranties, so the above exclusion may not apply to you. We and our affiliates do not warrant that your use of the Site or Service will be uninterrupted, error-free, or virus free. We are not the provider of and make no warranties with respect to any third-party offerings. We do not guarantee the security of any information transmitted to or from the Site or Services; and you agree to assume the security risk for any information you provide using the Site or Services.
No representation or warranty is made that the Site or Services provide comprehensive or accurate information. We reserve the right to filter, alter, or remove content, media, information, or any other material from the Site or Services and from the output of the Site or Services. You understand that we have developed our technologies to find information that we believe will be most relevant and interesting to you. Accordingly, we may in our discretion filter out links to content aggregators. Search engines or other online services whose technologies and services, in our opinion, are inconsistent with these objectives.
Limitation of Liability
Use of our Site or Services, and/or the Products are at your own risk. In no event will we or our affiliates be liable for any indirect, incidental, consequential, or special damages in connection with these Terms, the Service, the Site, or the Products, whether or not such damages were foreseeable and even if we were advised that such damages were likely or possible. In no event will our aggregate liability to you for any and all claims arising in connection with these Terms, the Service, the Site, or the Products exceed the greater of 1) fifty dollars (US $50.00) or 2) the amounts you have paid to the Company in the prior 6 months hereunder.
You acknowledge that this limitation of liability is an essential Term between you and us relating to the provision of the Site or Services, and the Products to you, and we would not provide the Site or Service or Products to you without this limitation.
The limitations or exclusions or warranties and liability contained in these Terms do not affect or prejudice the statutory rights of a consumer, i.e., a person acquiring goods otherwise than in the course of a business. The limitations or exclusions of warranties and remedies contained in these Terms shall apply to customer only to the extent such limitations or exclusions and remedies are permitted under the laws of the jurisdiction where customer is located. If applicable law requires any warranties with respect to the product, all such warranties are limited in duration to ninety (90) days from the date of delivery. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.
You agree to indemnify, hold harmless and, at our option, defend our Company (including our affiliates, officers, directors, employers, agents, licensors, suppliers, and any third-party information providers) from and against all damages, claims, costs, demands, expenses, and liabilities, including reasonable attorneys’ fees, resulting from any violation of these terms or applicable law.
TERM AND TERMINATION
These Terms will become effective and binding when you use the Site or Service, when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions we place on the Site (such as buttons labeled “I Agree”) (whichever occurs first). We reserve the right to terminate these Terms, your Account, and your access to the Site and the Service at any time without notice. You may delete your Account at any time, for any reason, by following the instructions on the Site. If we have suspended or terminated these Terms, your Account, the Site, or the Service other than for your breach of these Terms, we will refund you a pro-rata share of any amounts you have pre-paid for a Subscription to the Service (if any). Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms.
Copyright © 2019, The Creature Crew LLC. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Site or Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party that may own the Marks.
ARBITRATION NOTICE/DISPUTE RESOLUTION
By using the Site, Services, and Products, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Arkansas, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and us.
Any dispute or claim relating in any way to your use of the Site, Services, or to any Products sold or distributed by TCC will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent, Ginger Quye. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.
TCC agrees that it will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
MODIFICATIONS TO TERMS
MODIFICATIONS TO SERVICES
We reserve the right to modify the Site and/or Services at any time without notice. If you object to any changes to the Site or Services, your sole recourse will be to cease using the Site and Service, terminate your Subscription for a pro-rata refund of any amounts you have pre-paid for the Subscription (if any), or not renew the Subscription (if applicable). Continued use of the Site or Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. We also reserve the right to discontinue the Site and/or Services at any time without notice. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site or the Services, except as otherwise expressly set forth in these Terms.
If we have suspended or terminated these Terms, your Account, the Site, or the Service other than for your breach of these Terms, we will refund you a pro-rata share of any amounts you have pre-paid for a Subscription to the Service (if any). You understand that any termination of your Account involves deletion of your associated User Content from our live databases. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms.
You agree to comply with all laws, rules, and regulations that apply to your use of the Site, the Services, and the Products. Any delay or failure by us to exercise or enforce any right or provision of these terms will not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms shall remain in full force and effect. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word including means “including without limitation.” These Terms constitute the entire agreement between you and us with regard to the matters described above. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without TCC’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Contact Information: firstname.lastname@example.org